Davis, Malm & D'Agostine P.C.
Gary Feldman practices in the Business Law, Employment, and Litigation areas. Gary advises employers and business executives on all aspects of employment-related issues, policies and compliance, from recruitment and hiring to termination and workforce restructuring. He regularly litigates employment issues before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination and in federal and state courts. He also regularly negotiates executive employment agreements, non-competition agreements, intellectual property agreements, and severance agreements. In the course of his litigation practice, Gary has represented individuals, stockholders, and private and public corporations before federal and state trial courts, appellate courts, arbitration panels, and alternative dispute forums throughout Massachusetts and New England. He also has extensive experience in a wide variety of business and commercial litigation matters.
Recent matters include:
Represented the plaintiff-appellee at the U.S. First Circuit Court of Appeals in obtaining affirmance of substantially all of the district court judgment in excess of $4 million in an employment retaliation case.
Won an appeal at the Supreme Judicial Court reversing a seven figure handicap discrimination jury verdict and dismissal of the case against our employer-client.
Successfully defended a corporation and two of its employees in Norfolk Superior Court against a motion by competitor for a preliminary injunction for the alleged violation of a non-competition agreement.
Successfully represented a distinguished university tenured professor in arbitration proceeding concerning disciplinary action.
Prosecuted and defended numerous Federal and Superior Court actions involving employee non-compete agreements in a wide variety of industries, including high technology, employee staffing, manufacturing, banking, and wholesale produce brokerage.
Acted as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination.
Acted as lead trial counsel in the first decision in Massachusetts setting standards under which overweight is considered a handicap.
Represented numerous senior level executives in negotiation and preparation of executive employment and compensation agreements in a variety of high technology and financial businesses.